Posted by: Bennedict July 11, 2021
B2 Visitor visa stay extension I539 denial notice received after departure from the US
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Hi Klmn ji,
I have not been through the similar scenario, but will try to pitch in some opinions of mine. Mangale ji was the right person here in Sajha to talk about immigration stuff but he had some serious issues with the overall site, so he is not here now, you can search his name to read his old postings though.

Since your parents have the valid visas till 2024 on the passports and I hope they did not miss the duration of stay of visitor visa when they left the country in September of 2020, they should be fine to be able to come back, I believe. They tried for extension but they left before they go for the biometrics, so it is basically like they abandoned the petition and honored the visitor visa and left before the expiration date (if that is the case). This might in fact act to their advantage I believe. Trying for extension while in USA but not attending the biometrics may not be a red flag for future visits I guess if you can explain the whole case to the counselors in Nepal if they ask (like pandemic, flight resuming late etc.), but they will know about the petition anyway from the record, but if they will make it a big deal I doubt it. But do ask other people too just in case.

** Just like to add that if their stay in USA had surpassed the expiration date then, it is not considered overstay of status if the decision has not been made by USCIS yet, so maybe you should not worry much (?). Show the counselors the decision letter etc. when they denied the extension for not receiving the biometrics.

Last edited: 11-Jul-21 12:31 PM
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